concurring in part, specially concurring in part, and dissenting in part,
in which FAY, Circuit Judge, joins:I concur in the judgment which reverses the denial of habeas corpus relief on the instruction issue, for the reasons set forth in Judge Tjoflat’s opinion.
I concur in reinstating the panel opinion on all other claims not discussed in Judge Tjoflat’s opinion.
I specially concur in the denial of relief on the Ake ground for the reasons set forth in both Judge Tjoflat’s opinion and Judge Hill’s opinion.
I dissent from the grant of relief on the Brady/Giglio issue for the reasons set forth in Judge Hill’s dissent.
I would not grant relief on the issue concerning the father’s testimony for the reasons set forth in Judge Hill’s opinion for the panel, in which the discussion was concluded with:
Thus, it appears that the prosecution properly presented evidence of characteristics of the victim to the jury. In the brief evidence taken, the prosecution did not undertake to demonstrate the racial, ethnic, or other forbidden characteristic of any party. We cannot say that the trial judge’s balancing of the relevancy of Mr. Allen’s testimony against its prejudice was constitutionally faulty. We are not prepared to hold that it violates the constitution for the jury to know who it was that was the victim of murder.
Moore v. Zant, 722 F.2d 640, 646 (11th Cir.1983). To the extent the judgment of the Court denies relief on this issue, I concur; to the extent it grants relief, I dissent.
In sum, I would reverse the district court’s judgment and remand with instructions to grant relief on the instruction issue, but deny relief on all other claims.